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SCA/15418/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15418 of 2011
With
SPECIAL
CIVIL APPLICATION No. 15420 of 2011
To
SPECIAL
CIVIL APPLICATION No. 15423 of 2011
With
SPECIAL CIVIL APPLICATION
No. 15425 of
2011
=========================================================
MAHENDRABHAI
F SHAH - Petitioner(s)
Versus
AHMEDABAD
MUNICIPAL CORPORATION - Respondent(s)
=========================================================
Appearance
:
MR
MRUGEN K PUROHIT for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 17/10/2011
ORAL
ORDER
1. Learned
Counsel for the petitioners submits that the provisions of Gujarat
Civil Services(Pension) Rules, 2002 are applicable to the employees
of Ahmedabad Municipal Corporation and without following the
procedure laid down under Rule 24, Sub-rule(2) of the said rules, no
punishment could have been imposed. Besides, the petitioner, at the
relevant point of time, was serving as Assistant Town Development
Officer and all the actions taken by him were approved by the higher
authorities and if inquiry is to be held by the respondent, the
officers including the Municipal Commissioner of the Corporation,
incharge of such affairs of the Corporation, at the relevant point of
time, are to be held responsible.
2. In
view of the above, learned Advocate for the petitioners is directed
to PRODUCE the resolution of Ahmedabad Municipal
Corporation adopting rules of Gujarat Civil Services(Pension) Rules,
2002 and further to furnish the names of the Municipal Commissioner
and Deputy Municipal Commissioner incharge, at the relevant point of
time, when the petitioner was serving as Assistant Town Development
Officer.
S.O.
to 8TH NOVEMBER, 2011.
(ANANT
S. DAVE,J.)
Umesh/
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